Jane, as a manager we are often relied on for our experience in this industry for any issue that might present itself. Many of those times there are issues that as a manager we will advise the Board that they need to consult an attorney for anything legal. How do you handle those situations where they are reluctant to do so?
Jerry, TAMPA
FIRE, FIRE AND FIRE – IT’s GETTING HOT IN HERE!
718.111(2)(l) & 719.1055(5)(a) Fire Sprinkler MANDATE….
Well, it’s really not a mandate to install fire sprinklers; rather the Act provides associations until December 31, 2016 with the opportunity to vote to forego retrofitting! Or at least that is one way to look at it…
Here were the questions..
We are a new board and aren’t’ sure how to handle this vote?
Steve, Fort Lauderdale
First, you need an affirmative vote of the ALL voting interests. The right to suspend the voting rights in elections does not apply here. When the statute says ALL it means ALL voting interests.
The vote can be done by limited proxy or personally cast a duly called meeting of the membership. OR it can be done by execution of written consent.
If you don’t choose written consent then the meeting notice, proxy and ballots must be sent at least 14 days in advance of the meeting.
Within 30 days after the association’s opt-out vote, notice of the results of the opt-out vote must be mailed or hand delivered to all unit owners.
Evidence of compliance with this notice requirement must be made by affidavit executed by the person providing the notice and filed among the official records of the association.
After notice is provided to each owner, a copy must be provided by the current owner to a new owner before closing and by a unit owner to a renter before signing a lease. FUN TO FIGURE OUT HOW TO ENFORCE THIS!
What if my association is less than 75 feet? Doesn’t Chapter 633 say the building must be more than 75 feet?
Sue, Miami Beach
Chapter 633 "Fire Prevention and Control" sets the requirement for retrofitting sprinkler systems. Additionally, Chapter 633 incorporates the National Fire Protection Association (NFPA) standards regarding the installation of fire sprinkler.

The NFPA requires that all "high-rise" buildings be retrofitted with a sprinkler system. Further, the NFPA 101 defines "high-rise" buildings as any building where the floor of an occupiable story is greater than 75 feet above the lowest level of fire department vehicle access.

Chapter 718, sets out the standard to forego retrofitting of sprinklers as required by Chapter 633 of the "Fire Prevention and Control."
… Now here is the rub… the Division appears to be stating all condos must opt out or retrofit – and Florida Fire Sprinkler Association is saying that 633 opts out condos under 75 feet and requires those more than 75 feet not to opt out. IT IS GETTING MESSY.
A drafter of the bill, Senator Jeremy Ring, actually wrote an opinion on July 28, 2016 stating that this was not the intent of the legislation.
So here we are a bit of mess… what should this Association do?
The vote is easy to be on the safe time.
And if you take the position that less than 75 feet is not subject to the statute – YOU FILL OUT THE FORM AND MARK BOX 3 “the condominium already has fire sprinklers or handrails and guardrails installed pursuant to the requirements and guidelines of Chapter 633, Florida Statutes”
What’s crazy is this law is 6 years old originally – the current changes passed this year extending the deadline for jurisdictions to 2020, and added this option to forego retrofitting. The intent was to actually make it easier for the associations – and reduced the vote requirement from 2/3 of all owners to majority!

If you have questions and you want answers – email info@peytonbolin.com